Will

Thomas Cooch Esqr. dec’d Proved Nov: 24 1788 Ex: Copy & Letters Recorded in Book M Pages 355, 356, 357 & 358.

Examined

In the Name of God Amen.

I Thomas Cooch of the County of NewCastle upon Delaware Esquire being weak of Body, but of perfect, sound mind memory & understanding reflecting on the uncertain state of this Life, & being desirous to settle my temporal estate, do make this my last will & testament in manner & form following, to wit: I do will & order that all my legal Debts and such as my Executor herein after named shall think Just, together w/my funeral expenses be paid & faithfully discharged. Also I do give & Devise all the rents, issues & profits of my real Estate, (excepting my Lands in NewCastle Hundred) and the use of  all my plate & household furniture unto my Dear wife Sarah during her natural Life, and to Dispose of the whole of my plate at her Decease to whom she pleases. And after her decease I do give & devise the rents, issues, and profits of my mansion house, mills, & my plantation which I purchased & had conveyed w/ the sd mills lying on both sides of Christiana Creek & Containing about two hundred & twenty acres, also that part of the tract of land [which] I purchased of the Englands, lying on Christiana Creek afsd between the said Creek & the old ro[ad] from the mill affords to ogle town, Also the Land, plantation & appurtenances Commonly known by the saw mill place Also the plantation & appurtenances I lately bought from Thos Watson unto my son Thomas Cooch & his heirs for ever, also I do Give & Devise unto my grandsons Thomas Cooch & Francis Cooch & their Heirs all that my Messuage plantation & Land with the appurtenances situate in NewCastle hundred & Containing about four hundred acres to hold to them their heirs & assigns for ever as tenants in Common, and if either of my sd grandsons shall happen to die before the age of twenty one years & without issue my will is that the moiety & estate of such grandson in the premises shall pass to & be vested in the survivor his heirs & assigns for ever, And in case that both my sd grandsons shall die under the age of  twenty one years & without issue then & in such case I do give & devise the premises aforesd with the appurtenances unto my grandson William Cooch & my grand=daughter Elizabeth Cooch their heirs, & assigns for ever as tenants in Common.

Also I do give & devise all that my plantation in Pencader Hund (Adjoining the Land of Jno Aiken) with the appurtenances, Also all that my plantation in little Brittain township with the appurtenances that I lately purchased unto my my Grandson William Cooch & the heirs of his Body lawfully begotten for ever: and in Default of such heirs, I do give & Devise the same unto y grand=daughters, Elizabeth  Cooch sarah Armitage mary Armitage & Dorcas Armitage their heirs & assigns for ever as tenants in Common; but in Case either of my said grand-daughters to wit Sarah, Mary, and Dorcas Armitage shall Die under age & unmarried, I do give the Estate hereby Devise to her unto the survivors or survivor in fee: and in Case my sd granddaughter Elizabeth Cooch shall  Die under age or unmarried I do give the Estate hereby Devised to her unto her Brothers Thomas & Francis Cooch their heirs & assigns for ever as Tenants in Common, And in case either of my grandsons Thomas & Francis shall Die under age & without issue then I do will & order the whole of the premises aforesd with the appurtenances unto the survivor in fee.

Also I do Give & bequeath unto each of my grand-daughters Sarah, Mary & Dorcas Armitage the sum of one thousand one hundred & twenty five pounds lawful money to be paid to  each in Gold or silver specie or the exchange in Continental Currency when paid, also I Give unto my grand daughter Elizabeth Cooch the sum of seven hundred pounds to be paid in  silver or gold specie or the exchange as above, Also I do give unto my grandson William Cooch the sum of One thousand pounds in gold or silver specie or the exchange as above specified, to be paid to them respectively when they arrive at the age of twenty one years in money or good securities for the payment of money, and my will & pleasure is, that the interest of their respective legacies in the mean time may be applied towards their respective maintenance & Education but no part of the principal sums; and if all the said interest should not be found as necessary for the for the purposes aforesd; I do Desire & order that the surplus of their respective shares thereof after Deducting reasonable charges for the guardianship of their respective persons & Estates may be paid to them at the age aforesaid

Also I do give & Bequeath unto my grand daughter Sarah Armitage that tenement or Land with the appurtenances that I purchased (formerly belonging to Andrew Boyd) & her heirs & Assigns, ^for ever alsoI do give & Bequeath unto my grand daughter Mary Armitage her heirs & assigns ^for ever that Land & tenement with the appurtenances I purchased, lately belonging to Jos; Price

Also I do give & Bequeath unto my Daughter Frances Elizabeth Simonton the wife of John simonton the interest of five hundred pounds lawful money in silver or gold specie or the exchange in Continental Currency when paid, to be paid yearly every year During her natural Life, and the principal sum aforesaid to be paid at her Death unto my grandson william simonton if he shall be then alive and in case of his Death before his mother, then I do will & order that the sd sum of five hundred pounds be paid to my four grand daughters before named in equal proportions.

Also I do hereby manumit & make free to all intents & purposes my negroe slave named David when he arrives at the age of twenty three years, and I do give and Bequeath the use of my Negroes Sam, Bristol, Cesar and Toney to my son Thomas during his natural Life and the property of them unto my grandsons Thomas and Francis Cooch aforesd as tenants in Common.

Also I do Give & Bequeath all my household Furniture Unto my four grand daughters Elizabeth Cooch Sarah, Mary & Dorcas Armitage as tenants in Common; and Declare that the same may be Divided equally amongst them at the Death of my wife by my executors and I do give & Bequeath all the residue & remainder of my personal Estate herein before Disposed of unto my wife Sarah be the same of what nature or kind whatsoever. but in Case that my personal Estate is not sufficient to pay the Different Legacies herein before mentioned then & in such Case I do will & order that part of the Land which I purchased from Thomas watson bequeathed above to my son Thomas to be sold also also the Land & premises Bequeathed to my grand daughter Sarah

And also the Land & premises Bequeathed to my grand daughter Mary to be sold and Legacies paid & if there be any surplus remaining of the sale of the above lands & premises after payment of the Legacies I will & order the same to be equally Divided amongst my son Thomas to grand daughter sarah & mary Armitage

And lastly I do hereby nominate, Constitute & appoint my son-in law John simonton & Alexander McBeth both of the County of NewCastle Executors of this my last will and Testament & also Guardians of all my said grand Children – hoping & in full confidence that they will faithfully & judiciously discharge the trust in them reposed In Testimony whereof I the said Thomas Cooch have to this my last will and Testament and set my hand & seal the seventeenth Day of December in the year of our Lord one thousand seven hundred & Eighty. Thos Cooch

Signed sealed & Pubished & Declared by the sd Thomas Cooch as & for his last will & Testament in the presence of us who were present at the signing & sealing thereof Saml Platt John Elder Tho Wattson

Note Before sealing & signing of the above I do will & order the the place or Plantation that my son Thomas now Lives on & the mill place with the other Lands above Bequeathed to him he shall possess & have the use & Benefit of only During his natural Life, & in Case the place purchased of Thomas watson is sold I do order & will that the Line shall not Come within three rods of the run Call’d Barn Run. I do also give & Bequeath unto my grand daughter Dorcas Armitage the House & Lott with the appurtenances that I have in wilmington & her heirs for ever. I do hereby also manumit & set free to all intents & purposes my Negro save named Lank at the Death of my wife sarah, also my negro slaves Hanah, & Mariah when they arrive at the age of twenty two years. I do also order & will that the house & Lott Bequeathed to my grand daughter Dorcas in willmington be sold also in Case of Deficiency for paying Legacies as above specified To the surplus if any to be Divided as about Directed.

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Personally appeared Doctor Samuel Platt Senr, John Elder and Thomas Wattson Esquire the Subscribing evidences to the aforegoing Will, and being duly Sworn, do say that they did see and hear Thomas Cooch Esquire, Sign, Seal, Publish, Pronounce and Declare the foregoing Instrument of Writing to be his last Will and Testament; that at the time of so doing and saying he was (to the best of their belief) of sound and disposing mind and memory, that they did Sign their names as evidences thereunto, at his request, in his presence, and in the presence of each other. In Testimony whereof I have hereunto set my Hand, at NewCastle, this 24th day of November, A.D. 1788. Gun Bedford Regr.

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NewCastle County Ss. Personally appeared before me Gunning Bedford Register for the probate of wills and Granting Letters of Administration in and for the County of NewCastle afforesaid, Doctor Samuel Platt Senior of the Town of New Ark in the County afforesaid who being duly sworn ^deposeth & sayeth that on the sixteenth day of December in the year One thousand seven hundred and Eighty, he was desired by Thomas Cooch the Elder deceased to write his last will and Testament, that on  the day following, to with the seventeenth day of December affsd. he had it finished agreeable to the Instruction given him by the affsd. Thomas, and on his way there called on Major Thomas Wattson to accompany him and be a witness to the Execution thereof, who accordingly did go with him,  when this deponant arrived at the afforesaid Thomas Couch’s he went into the Room where he was confined in Bed by Sickness, and then Read the will to him, when he was directed by the affsd. Thomas to make some alteration by way of Nota Bene, and accordingly did so as is annexed to this will which was read and approved by him and then signed sealed and published by the afforesaid Thomas as his last will & testament that the afforsaid Thomas Wattson and John Elder were present at the time of said signing, sealing and publishing, that the Nota Bene annexed was wrote and published before they signed their names, that this Deponant signed his Name as a witness, at the same time John Elder and Thomas Wattson did the same, that the afforesaid Thomas aCooch was at the time of signing, sealing and publishing as afforesaid of sound and disposing mind and memory, and further this Deponant saith not. Sworn Before Saml. Platt

Gun. Bedford Regr. Nov. 24th 1788.

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Testamentary Bond Thomas Cooch Esqr. Dec’d Nov 24. 1788

Doct. Wm. McMechen Thomas Wattson Esqr. Apprs.

Know all Men by these presents that we Alexander McBeath John Simonton David McMechen and Robert Wallace all of the County of New Castle are held & firmly bound unto the Delaware State in the Sum of Fifteen thousand pounds Current Money of the said State; unto which Payment will & truely to be made we bund our selves our Heirs, Executors and Administrators firmly by these presents Sealed with our Seals and dated at NewCastle in NewCastle County aforesaid this twenty fourth day of November in the year of our Lord, One thousand seven hundred and eighty eight.

The Condition of the Obligation is Such That if the within bounden, Alexander McBeath & John Simonton Executors of the last Will and Testament of Thomas Cooch Esqr; late of NewCastle County, Deceased, do make or cause to be made a true and perfect Inventory of all and Singular the Goods, Chattles and Credits of the said deceased, which have or shall come to the Hands, Possession or Knowledge of the said Alexdr. McBeath and John Simonton or unto the Hands or Possession of any other Person or Persons for them and the same so made, do Exhibit, or cause to be Exhibited, into the Registers Office of NewCastle County aforesaid, at or before the twenty fourth day of May next ensuing and the same Goods, Chattles & Credits, and all other the Goods, Chattles and Credits of the deceased, at the time of his Death which at any time after shall come to the Hands or Possession of the said Alexander McBeath & John Simonton or Into the Hands and Possession of any other Person or Persons for them do well and truely Administer according to Law, Viz Shall pay the Debts of the said deceased, so far forth as the said Goods, Chattles and Credits will extend and the Law will charge, and do make or cause to be made a true & Just Acount of their Administration, at or before the twenty fourth day of November next: and all the Rest and Residue of the said Goods Chattels and and Credits which shall be found remaining upon the said Executors Account, the same being first Examined, adjusted and allowed by the Orphans Court of the County of NewCastle aforesaid, do distribute or dispose of According to Law and the true Intent and Meaning of the last Will and Testament of the said Deceased, then this Obligation to be void and of None Effect, else to remain in full force and Virtue. Alexr. McBeath {seal} John Simonton {seal} David McMechen {seal} Robert Wallace {seal}

Signed Sealed & Delivered in Presence Hugh Glasford Edwd. Armstrong

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Inventory Thomas Cooch, Esquire, Deceased July 20 1789

[Dec. 9 1788 written in pencil below]

Ex; Copy.

[only slaves listed here]

Inventory and Appraisment of the Moveable Estate of Thomas Cooch Esqr. Late of Pencader Hundred, taken and made December 9th 1788.

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Negrowoman Hatfield £30

  do woman Jemima £18

Negroe Girl Maria to Serve eleven years £15

  Do.   Man Davey to Serve 3 years & 4 months £15

…

Appraised by us Wm McMechen. Thos. Wattson

New Castle County Ss The above appraizorshave Qualified according to Law, Jany. 28th 1789

Before Geo: Craghead

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[Final Accounting, Filed 5 Apr 1791]

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Negro Lank for attendance at the Mill since the Decease of the Testator £1..2..6

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Delaware, U.S., Wills and Probate Records, 1676-1971, New Castle County, Register of Wills, Conway, James1922-1924-Cookman, Margaret Howland

https://www.ancestry.com/search/collections/9044/records/357136?tid=194514904&pid=302768593590&hid=1009608697974&_phsrc=TiO2507&_phstart=default&usePUBJs=true

Transcribed 8 Jun 2026 by Nancy Maliwesky